Disclaimer: This guide and the deadline calculator serve solely as general information, do not replace legal advice and do not establish an attorney-client relationship. The calculated deadlines are based on the basic legal regulations of the German Civil Code (§ 622 German Civil Code).
Important NOTE: Deviating collective agreement or individual contractual regulations are not taken into account here, but can take precedence over the legal requirements and lead to completely different notice periods. No liability is assumed for the accuracy, completeness and topicality of the content. If in doubt, please consult a labor law specialist.
Notice period calculator
Is the employee in the probationary period (max. 6 months)?
Is this an extraordinary (without notice) termination (§ 626 BGB)?
Result:
Last working day (termination date):-
Deadline for dismissal protection claims:- (3 weeks after receipt)
Attention when canceling without notice: This must be done within 2 weeks take place after the person entitled to terminate the contract (usually the employer) has become aware of the relevant facts (§ 626 Para. 2 BGB).
Important legal deadlines at a glance
Dismissal protection lawsuit: If an employee wants to defend himself, the lawsuit must be filed within 3 weeks after receipt the written notice of termination is received by the labor court (§ 4 KSchG). If this deadline is missed, the termination is considered legally effective - even if there are defects.
Extraordinary termination (§ 626 BGB): Termination without notice for good cause can only be done within 2 weeks be pronounced after the facts of the offense have become known.
Warning vs. termination without notice
Not every misbehavior immediately justifies expulsion. In most behavior-related cases, labor law requires a prior warning as a “yellow card”.
Typical reasons for a warning (milder means):
Frequent or unexcused lateness
Minor errors in work execution (poor performance)
Disregarding work instructions
Private internet or cell phone use during working hours
Unfriendly behavior towards customers or colleagues
Reasons for immediate (extraordinary) termination:
An “important reason” exists if it is unreasonable to continue the employment relationship until the regular deadline expires.
Theft, embezzlement or fraud (even of items of low value)
Physical assault or gross sexual harassment
Working time fraud (e.g. falsifying the time clock)
Fake incapacity to work (“sick parties”)
Gross insult to superiors
AI in HR: Create documents with Gemini
Modern AI models like Google Gemini are great for quickly creating professional HR document designs. Use these prompts:
Prompt: Ordinary termination
Create a professional, formal resignation letter for an employee.
Reason: Termination due to operational reasons due to restructuring.
Details:
- Name of employee: Max Mustermann
- Entry date: January 1st, 2020
- Termination date today, on time at the next possible date according to the BGB.
- Please word it in a friendly but firm manner and include a reference to the obligation to report to the employment agency (Section 38 Para. 1 SGB III).
Prompt: qualified job reference
Write a qualified reference for a marketing manager (Anna example).
Rating: Grade 2 (good).
Duration: March 1, 2021 to December 31, 2023.
Main tasks: Social media support, creation of newsletters, planning of trade fair appearances.
Special strengths: Very creative, self-initiative and extremely team player.
Please include the industry-standard, legally secure standard formulations for the grade "good" (e.g. "always to our complete satisfaction") and end the certificate with a positive final formula.